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(영문) 부산지방법원 2016.06.24 2015노3991
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (one million won by each fine) declared by the lower court to the Defendants is too uneasible.

2. In the crime of this case, the defendants jointly committed the crime of this case on March 13, 2014, when considering the fact that the defendants jointly committed the crime of this case while under suspension of the execution of 21-day imprisonment with prison labor for 21-day imprisonment with prison labor for 20-day and with the inside and outside of the organization, etc., the crime of this case was committed against the victim G, and the crime of this case was considerably poor in light of the criminal law and its contents, etc., and that the agreement with the victims or the damage was not properly recovered until the victim was in the case of the defendant B, and the defendant A had a record of being sentenced to the suspension of the execution of 1-day imprisonment with prison labor for the same crime of this case and 6-time criminal punishment on March 13, 2014, and the above judgment became final on July 4, 2014, the defendant B committed the crime of this case again during suspension of the execution of 2-day imprisonment with prison labor for the same crime of this case.

I see that it is.

However, in full view of the following: (a) the Defendants led to the confession of all the crimes of this case and reflect their mistakes in depth; (b) the victims and the victim were deemed to have committed the crime of this case in the course of fighting; and (c) the victims did not want punishment against the above Defendant under the mutual consent between the victims and the victims; and (d) other various sentencing conditions as shown in the arguments of this case, such as each age, career, sexual behavior, environment, motive and background of the crime, method and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unaffortable and unfair.

Therefore, the prosecutor's above assertion against the Defendants is accepted.

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